Canterbury Local Environmental Plan No 148—Campsie Precinct (NSW)

1Name of plan

This plan is called Canterbury Local Environmental Plan No 148—Campsie Precinct.

2Where the plan applies

The plan applies to all land shown within the heavy blue line on the map which is referred to in this plan as the Campsie Precinct. The map is held in the office of the Council of the City of Canterbury.

3Aims of the plan

The plan aims to achieve:

(a)
a variety of dwelling types throughout the Council area to cater for various life styles and population growth without having adverse effects on the amenity of the area,
(b)
commercial and business centres which maintain the established hierarchy of centres and allow for a variety of retail, office and business uses,
(c)
light industrial development which caters for traditional and modern forms of development without adversely affecting the amenity, health or safety of employees and surrounding residents,
(d)
community facilities and utilities located throughout the Council area,
(e)
recreational opportunities and facilities located throughout the Council area,
(f)
the creation of employment opportunities,
(g)
development which promotes the economic and efficient provision of public services and amenities,
(h)
protection of the environmental heritage of the area,
(i)
public involvement and participation in environmental planning and assessment.

4Effects of the plan on other instruments etc(1)

This plan repeals the following environmental planning instruments:

(a)
Canterbury Planning Scheme Ordinance as it applies to land which this applies,
(b)
Interim Development Orders Nos 30, 31, 48, 50 and 51—City of Canterbury,
(c)
all other local environmental plans that applied to the land to which this plan applies and that were in force immediately before the appointed day, but only to the extent that they applied to that land.

(2)

If any agreement, covenant or similar instrument restricts development allowed by this plan, then the agreement, covenant or instrument shall not apply to that development (to the extent necessary to allow that development).

(3)

Before making this plan, the Governor approved of subclause (2) pursuant to section 28 of the Act.

5Terms used in the plan

Terms used in the plan are defined as follows:

advertisement means the display of symbols, messages or other devices for promotional purposes or for conveying information, instructions, directions or the like, whether or not the display includes the erection of a structure or the carrying out of a work.

advertising structure means a structure used or to be used for the display of an advertisement.

alter, in relation to a heritage item means:

(a)
make structural changes to the outside of the heritage item, or
(b)
make non-structural changes to the detail, fabric, finish or appearance of the outside of the heritage item, not including changes that maintain the existing detail, fabric, finish or appearance of the outside of the heritage item.

amusement centre means premises at which more than 2 amusement machines may be used (whether or not in conjunction with another use).

amusement machine means a machine, appliance or game table (whether coin operated or not) mechanically or electronically powered that releases or makes available balls, discs or other items for projection in or on the machine by the use of springs, flippers, paddles or cues, or electronic appliances which are controlled or partly controlled by a computer associated with an electronic screen operated by one or more players for amusement or recreation.

appointed day means the day on which this plan took effect.

arterial road means:

(a)
a road shown on the map with a continuous red line on white between firm black lines, or
(b)
a road declared to be a main road under the Roads Act 1993, or
(c)
a road declared to be a secondary road under the Roads Act 1993, or
(d)
a road declared to be a tollway under the Roads Act 1993.

arterial road proposed means a road shown on the map with a broken red line on white between broken black lines.

auction rooms means premises used for the storage and display of goods which are then sold at a public sale by way of competitive bidding.

boarding house means a building or place:

(a)
where accommodation, meals and laundry facilities are provided to residents of the building or place, and
(b)
which is not licensed to sell liquor within the meaning of the Liquor Act 1982.

bulky goods sale means the sale of goods, excluding food and clothing items, which are, in the opinion of the Council, of such a size and shape as to require:

(a)
a large area for handling, storage and display, and
(b)
easy and direct vehicular access to enable the goods to be collected by customers after sale.

child care centre means a building or place used for the supervision and care of children that:

(a)
provides long day care, pre-school care, occasional child care or out-of-school-hours care, and
(b)
does not provide overnight accommodation for children other than those related to the owner or operator of the centre,

but does not include:

(c)
a building or place used for home-based child care, or
(d)
an out-of-home care service provided by an agency or organisation accredited by the NSW Office of the Children’s Guardian, or
(e)
a baby-sitting, playgroup or child-minding service that is organised informally by the parents of the children concerned, or
(f)
a service provided for fewer than 5 children (disregarding any children who are related to the person providing the service) at the premises at which at least one of the children resides, being a service that is not advertised, or
(g)
a regular child-minding service that is provided in connection with a recreational or commercial facility (such as a gymnasium), by or on behalf of the person conducting the facility, to care for children while the children’s parents are using the facility, or
(h)
a service that is concerned primarily with the provision of:
- (i)
  lessons or coaching in, or providing for participation in, a cultural, recreational, religious or sporting activity, or
- (ii)
  private tutoring, or
(i)
a school, or
(j)
a service provided at exempt premises (within the meaning of section 200 of the Children and Young Persons (Care and Protection) Act 1998), such as hospitals, but only if the service is established, registered or licensed as part of the institution operating on those premises.

community facility means a building or place owned or controlled by a public authority which is used to provide for the physical, social, cultural or intellectual development or welfare of the local community, but does not include a building or place elsewhere defined in this clause.

conservation plan means a document establishing the significance of a heritage item and identifying the policies that are appropriate to enable that significance to be retained in its future use and development.

Council means the Council of the City of Canterbury.

demolition, in relation to a heritage item, means the damaging, defacing, destruction, pulling down or removal of the heritage item, in whole or in part.

dual occupancy means 2 dwellings (whether or not attached) on one allotment of land.

dwelling means a room or number of rooms occupied or used, or so constructed or adapted as to be capable of being occupied or used, as a separate household.

dwelling-house means a dwelling which is the only dwelling erected on an allotment of land.

education establishment means a building or place used for education (including teaching) and includes:

(a)
a school, and
(b)
a tertiary institution, being a university, TAFE establishment, teachers’ college or other tertiary college providing formal education which is constituted by or under an Act, and
(c)
an art gallery or museum not used to sell the items displayed in it,

whether or not accommodation for staff and students is provided and whether or not used for the purpose of gain.

entertainment facility means a building or place used for the purpose of entertainment, exhibitions or displays, and includes a public hall, a theatre, cinema, music hall, concert hall, open air theatre, drive-in theatre, function room, night club, reception lounge, or the like.

exhibition home means a dwelling constructed for display purposes to demonstrate aspects of housing form, design, construction, materials and the like and which may or may not be used for an ancillary purpose, such as a site office used for purposes related to house sales.

health care professional means a person who provides professional health services to members of the public, and includes:

(a)
a podiatrist registered under the Podiatrists Act 1989, and
(b)
a chiropractor or an osteopath, or a chiropractor and an osteopath, registered under the Chiropractors and Osteopaths Act 1991, and
(c)
a physiotherapist registered under the Physiotherapists Registration Act 1945, and
(d)
an optometrist registered under the Optometrists Act 1930.

health consulting rooms means a medical centre that comprises one or more rooms within (or within the curtilage of) a dwelling house used by not more than 3 health care professionals who practise in partnership (if there is more than one such professional) who provide professional health care services to members of the public.

heritage item means a building, work, relic, tree or place identified in Schedule 1 as a heritage item.

heritage significance means historic, scientific, cultural, social, archaeological, architectural, natural or aesthetic significance.

home business means a business, profession or light industry carried on in a dwelling or another building on the same allotment as a dwelling-house or a dual occupancy by 1 or more permanent residents of the dwelling concerned, in circumstances where the carrying on of the business, profession or light industry does not involve:

(a)
use of a floor area exceeding 30 square metres, or
(b)
interference with the amenity of neighbouring residential premises, or the locality as a whole, or
(c)
the display of goods, or
(d)
the display of a sign, other than a non-illuminated sign not exceeding 50 centimetres in width or 25 centimetres in height, indicating the name and occupation of the residents, or
(e)
any increase in the capacity of utility service mains in the locality.

home occupation means an occupation carried on in a dwelling-house or in a dwelling in a multiple dwelling building by the permanent residents of the dwelling-house or dwelling which does not involve:

(a)
the registration of the building under the Factories, Shops and Industries Act 1962, or
(b)
the employment of persons other than those residents, or
(c)
interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil or otherwise, or
(d)
the display of goods, whether in a window or otherwise, or
(e)
the display of a sign, other than a non-illuminated sign not exceeding 50 centimetres in width or 25 centimetres in height, indicating the name and occupation of the residents.

hospital means a building or place used for the purpose of providing professional health services (including preventative care, diagnosis, medical or surgical treatment or counselling) to people admitted as in-patients, whether or not out-patients are also cared for or treated.

hotel means premises specified or proposed to be specified in a hotelier’s licence granted under the Liquor Act 1982.

identified development means development that is not specified as being allowed in a zone in the Table in clause 10 but which is consistent with the objectives of the particular zone and any relevant State Environmental Planning Policy and regional environmental plan and which, in the opinion of the Council, is suitable due to the circumstances of the site and is identified in a development control plan.

light industry means the manufacturing, assembling, altering, repairing, renovation, ornamenting, finishing, cleaning, washing, dismantling, processing or adapting of any goods or articles for commercial purposes, in which the processes carried on, or the transportation involved or the machinery or materials used, do not interfere unreasonably with the amenity of the neighbourhood, but does not include development elsewhere defined in this clause.

local shop means a building on land zones for residential purposes which was constructed for a shop use and which is not suitable on physical or economic grounds for conversion to, or replacement by, a residential use.

motel means premises, not being a hotel, used for the temporary or short-term accommodation of travellers.

multiple unit housing means a group of 3 or more dwellings (whether or not attached), but does not include multiple dwellings comprising town houses or villa homes.

office premises means a building or place used for the purpose of administration, or for a clerical, technical or professional purpose or the like, but does not include development elsewhere defined in this clause.

place of worship means a building or place used for the purpose of religious worship, whether or not the building or place is also used for counselling, social events or religious training by a congregation or religious group.

public building means a building or place used as a business or office by a public authority or an organisation established for public purposes.

public parking means land owned or operated (or both) by the Council for the parking of motor vehicles.

recreation area means:

(a)
a children’s playground, or
(b)
a building or place used for sporting activities, sporting facilities or leisure activities, or
(c)
an area used by the Council to provide recreational facilities for the physical, cultural or intellectual welfare of the community, or
(d)
an area used by a body of persons associated for the purpose of the physical, cultural or intellectual welfare of the community to provide recreational facilities for those purposes.

recreation area ancillary works means landscaping, gardening, minor play equipment, picnic equipment and bushfire hazard reduction works, but does not include a building or lighting structure.

recreation facility means a building or place used for sporting activities, recreation or leisure activities, whether or not operated for the purpose of gain, but does not include a building or place elsewhere defined in this clause.

registered club means a building or place which is used by persons associated, or by a body incorporated, for a social, literary, political, sporting, athletic or other lawful purpose and which is, or is intended to be, registered under the Registered Clubs Act 1976.

relic means any deposit, object or material evidence (terrestrial or under water) relating to the use or settlement of the City of Canterbury which is 50 or more years old.

resident commercial vehicle parking means the parking on land zoned for residential purposes of a commercial vehicle which is used to convey the resident or residents of any dwelling erected on the land to and from his, her or their place of work, and which conforms with the following criteria:

(a)
the vehicle:
- (i)
  is not a prime mover or a tow truck, and
- (ii)
  does not have more than 2 axles, and
- (iii)
  is unladen when parked on the land (excepting a light commercial vehicle used by a trades person which is laden with tools of trade only),
(b)
the operation time of the vehicle is restricted to reasonable hours,
(c)
the vehicle causes no adverse effect on the amenity of the locality by reason of noise, vibration, smell, fumes, smoke, dust, grit, soot or oil or otherwise,
(d)
there is no on-site maintenance of the vehicle and no on-site storage of vehicle parts,
(e)
only one such vehicle is parked on the land,
(f)
the land on which the vehicle is parked does not contain a multiple unit housing building, town house, villa home or dual occupancy.

restaurant means a building or place the principal purpose of which is the provision of food to people for consumption on the premises.

retail plant nursery means a building or place used for growing plants and selling plants by retail, whether or not landscape supplies (including earth products) or other landscape and horticultural products are also sold.

service shop means premises on land within Zone No 3 (e), 4 (a) or 4 (d) used for the purpose of a chemist shop, dry cleaning shop, fruit shop, hair dressing shop, milk bar, newsagency, take away food shop, tobacconist or the like and which serves the immediate area.

service station means a building or place used for the fuelling of motor vehicles involving the sale by retail of petrol, oil or other petroleum products, whether or not the building or place is also used for one or more of the following purposes:

(a)
the hiring of trailers,
(b)
the retail selling or the installing of spare parts and accessories for motor vehicles,
(c)
the washing and greasing of motor vehicles,
(d)
the repairing or servicing of motor vehicles (other than body building, panel beating or spray painting),
(e)
the retail selling or hiring of small consumer goods.

shop means a building or place used for the purpose of selling goods or materials, whether by retail or auction, or of hiring or displaying for the purpose of selling or hiring of goods or materials.

specialised business means a business consisting of the display and retail sale of goods (which may consist of or include bulky goods, but not including food or clothing) that satisfy a specialised demand and would be unlikely to be viable if it had to rely only on customers in the locality in which it is situated.

telecommunications facility means any facility, not being a low-impact facility, within the meaning of the Telecommunications Act 1997 of the Commonwealth.

the Act means the Environmental Planning and Assessment Act 1979.

the Corporation means the Corporation constituted by section 8 (1) of the Act.

the map means the map certified by the General Manager of the Council and marked “Canterbury Local Environmental Plan No 148—Campsie Precinct”, as amended by the maps (or, if sheets of maps are specified, by the specified sheets of the maps) marked as follows:

Editorial note—

The amending maps are not necessarily listed in the order of gazettal. Information about the order of gazettal can be determined by referring to the Historical notes at the end of the plan.

•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 3)
•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 4)
•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 7)
•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 8)
•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 9)
•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 10)
•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 11)
•
Canterbury Local Environmental Plan No 148—Campsie Precinct (Amendment No 13)
•
Canterbury Local Environmental Plan No 205
•
Canterbury Local Environmental Plan No 206—Sheet 1

town house means a dwelling that is one of a group of 3 or more dwellings (whether or not attached), where each dwelling is 2 storeys in height and has its own private entrance and landscaped area with direct access from the dwelling.

trade services means a building or place used for wholesale to trade services and for other activities which support light industry, including plumbing and electrical supplies, hire equipment, storage and the like, but does not include a building or place elsewhere defined in this clause.

transport depot means a building or place used for the parking or storage of motor powered or motor drawn vehicles used in connection with a passenger transport undertaking, business, light industry or shop.

utility installation means a building or work used for a utility undertaking.

utility undertaking means any undertaking carried on by an authority or any Government department, or in pursuance of any Commonwealth or State Act, for the purpose of:

(a)
railway, road, water or air transport, or wharf or river undertakings, or
(b)
the provision of sewerage or drainage services, or

(c)
the supply of water, hydraulic power, electricity or gas, or
(d)
low-impact telecommunications facilities within the meaning of the Telecommunications Act 1997 of the Commonwealth, or
(e)
communication facilities.

vehicle body repair workshop means a building or place used for the repair of vehicles or agricultural machinery, involving body building, panel beating or spray painting.

vehicle repair station means a building or place used for the purpose of carrying out repairs or the selling and fitting of accessories to vehicles or agricultural machinery in conjunction with repairs.

vehicle sales means the use of a building or place for the display or sale of motor vehicles, caravans or boats, whether or not motor vehicle accessories, caravan accessories or boat accessories are sold or displayed.

veterinary hospital means a building or place used for diagnosing or surgically or medically treating animals, whether or not animals are kept on the premises for the purpose of treatment.

villa home means a dwelling that is one of a group of 3 or more dwellings (whether or not attached), where each dwelling is one storey in height and has its own private entrance and landscaped area with direct access from the dwelling.

warehouse or distribution centre means a building or place used for the principal purpose of storing or handling items (whether goods or materials) which have been produced or manufactured for distribution to other premises, but not if the premises are used for retail sales.

6Consent authority for the plan

The Council is the consent authority for the purposes of this plan.

7Permissible development

The Table in clause 10 lists development which may be allowed in each zone. All other development is prohibited.

8When development consent is required

All development that may be allowed requires the consent of the Council, except development identified in the Table in clause 10 as not requiring the consent of the Council.

9Zones indicated on map(1)

Land is within a zone referred to in subclause (2) and the Table in clause 10 if it is shown on the map by distinctive colouring and edging or in some distinctive manner as referred to in subclause (2) for the purpose of indicating the restrictions imposed by this plan on the development of land within that zone.

(2)

The following zones apply to land within this plan:

Zone No 2 (a)	Residential “A” Zone; coloured light scarlet.
Zone No 2 (c)	Residential “C” Zone; coloured light scarlet with red edging.
Zone No 3 (a)	General Business Zone; coloured light blue.
Zone No 3 (e)	Business Office Zone; coloured light blue with red edging and lettered “3 (e)”.
Zone No 3 (f)	Specialised Business Zone; coloured light blue with red edging and lettered “3 (f)”.
Zone No 4 (a)	Light Industrial Zone; coloured purple.
Zone No 4 (d)	Industrial Business Zone; coloured purple with red edging and lettered “4 (d)”.
Zone No 5	Special Uses Zone; coloured yellow and lettered denoting the existing or proposed special use on the land.
Zone No 6 (a)	Public Open Space Zone; coloured dark green.
Zone No 6 (b)	Private Open Space Zone; coloured dark green with red edging and lettered “6 (b)”.
Zone No 6 (c)	Regional Open Space Zone; coloured green with red edging and lettered “6 (c)”.
Zone No 9	Arterial Road Reservation and Arterial Road Widening Zone; coloured with red bands on white with black edging.

10Development Table

In the following Table:

x means development without consent

o means development only with consent

absence of a symbol means development that is prohibited.

Development	Residential	Commercial	Industrial	Special Uses	Open Space	Roads
2a	2c	3a	3e	3f	4a	4d	5	6a	6b	6c	9
Advertisement	o	o	o	o	o	o	o	o	o	o
Advertising Structure	o	o	o	o	o	o	o	o	o	o
Amusement Centre	o
Auction Rooms	o	o	o	o	o
Boarding House	o	o	o
Bulky Goods Sale	o	o
Child Care Centre	o	o	o	o	o	o	o
Community Facility	o	o	o	o	o	o	o
Dual Occupancy Development(5)	o	o
Dwelling House	o	o
Dwelling House with Factory	o	o	o
Dwelling(s) with Office Premises or Specialised Business Premises or Shops	o	o	o
Educational Establishment	o	o	o	o	o	o
Entertainment Facility	o	o	o	o	o
Exempt Development	x	x	x	x	x	x	x	x	x	x	x	x
Exhibition Home	o	o	o
Health Consulting Rooms	o	o	o	o	o
Home Business	o	o
Home Occupation	x	x	x	x	x	x	x
Hospital	o	o	o	o
Hotel	o	o
Identified Development	o	o	o	o	o	o	o	o	o	o	o	o
Light Industry	o	o	o	o
Light Industry (change of use)(1)	o	x	x	x
Local Shop	o	o
Motel	o	o	o	o	o
Multiple Unit Housing	o	o
Multiple Unit Housing with Office Premises or Specialised Business Premises or Shop(s)	o	o	o
Office Premises	o	o	o	o
Office Premises (change of use)(2)	x	x	x	x
Place of Worship	o	o	o	o	o	o
Public Building	o	o	o	o	o	o	o
Public Parking	o	o	o	o	o	o	o	o	o	o	o	o
Recreation Area	o	o	o	o	o	o	o	o	o	o
Recreation Area Ancillary Works	x	x	x	x	x	x	x	x	x	x
Recreation Facility	o	o	o	o	o
Registered Club	o	o	o
Resident Commercial Vehicle Parking	x	x
Restaurant	o	o	o	o	o	o	o	o
Road	o	o	o	o	o	o	o	o	o	o	o	x
Retail Plant Nursery	o	o	o	o
Service Shop	o	o	o	o	o
Service Shop on land fronting Canterbury Road	o	o
Service Station	o	o	o	o	o
Shop	o
Shop (change of use)(3)	x
Specialised Business	o
Subdivision	o	o	o	o	o	o	o	o	o	o	o	o
Telecommunications Facilities	o	o	o	o	o	o	o	o	o	o	o	o
Town House Development	o	o
Town Houses with Office Premises/or Specialised Business Premises or Shop(s)	o	o	o
Trade Services	o	o	o	o
Transport Depot	o	o
Utility Undertaking	x	x	x	x	x	x	x	x	x	x	x	x
Vehicle Body Repair Workshop	o
Vehicle Repair Station	o	o	o
Vehicle Sales	o	o	o	o
Veterinary Hospital	o	o	o	o
Villa Home	o	o
Villa Homes with Office Premises or Specialised Business Premises or Shop(s)	o	o	o
Warehouse and Distribution Centre	o	o	o	o
Note— (1) See clause 21 (2) See clause 20 (3) See clause 19 (5) See clause 30

10AWhat is exempt and complying development?(1)

Development of minimal environmental impact listed in Schedule 1 to Development Control Plan No 31—Exempt and Complying Development Code as adopted by the Council on 10 May 2001 is exempt development, despite any other provision of this plan.

(2)

Development listed in Schedule 2 to Development Control Plan No 31—Exempt and Complying Development Code as adopted by the Council on 10 May 2001 is complying development if:

(a)
it is local development of a kind that can be carried out with consent on the land on which it is proposed, and
(b)
it is not an existing use, as defined in section 106 of the Act.

(3)

Development is exempt or complying development only if it complies with the development standards and other requirements applied to the development by Development Control Plan No 31—Exempt and Complying Development Code as adopted by the Council on 10 May 2001.

(4)

A complying development certificate issued for any complying development is to be subject to the conditions for the development specified in Schedule 3 to Development Control Plan No 31—Exempt and Complying Development Code adopted by the Council, as in force when the certificate is issued.

11Zone objectives

Before granting consent to development within a zone, the Council must take into consideration the zone objective. The development objectives of zones are as follows:

(1)Zone No 2 (a) (Residential “A” Zone)